For a will to be valid in Ireland, the testator must, 1.the will must be in writing, An example of this situation is the ‘Catherine Nevin/Jack Whites Pub’ case: In Re Nevin, High Court, 1997. If legal challenges arise to the will the courts may award costs out of the estate, even to the losing challenger so it is crucial that you have properly drafted, legally sound will. (2) If the testator leaves a spouse and children, the spouse shall have a right to one-third of the estate. It can be very important to insert appropriate enabling clauses in the will because if they are not present the Succession Act makes various provisions such as section 63 which deals with advancement and provides that any payments to a child during the life of the testator will be deducted in calculating the share of that child on the death of the testator. There are 4 ways by which a spouse ceases to be a spouse for Succession Act, 1965 purposes. (1) Also, if the personal representatives do not appoint trustees then they will be trustees for the purposes of this section. This entitlement is called the ‘legal right share’ which only applies in a testate situation, that is where there is a will. However if this does not occur, section 57 of the Succession Act, 1965 allows the personal representative to appoint trustees. Section 111 of the Succession Act, 1965 states: 111. The time limit for bringing an action under section 117 is 6 months and this is a strict limit.
If the surviving spouse does not elect to take either the bequest or the legal right share, he/she will be deemed to have taken the bequest and will lose the legal right share. However, if it is successful and an equitable interest has been established, it will prevail over the legal right share of the spouse and the claims of other children sharing the estate, unlike a successful section 117 action. CHAPTER 2: Section 117, Moral duty and Proper Provision 22 A. Succession Act 1965 and Related Legislation: A Commentary. The, A will is revoked by marriage but not by divorce, Wills made in other jurisdictions-if a revocation clause revokes ALL previous wills then it will revoke foreign wills, which may not have been intended, Problems arise if a will is destroyed but not by the testator as an act of destruction must be done with the intention of revocation by the testator, Do not appoint an alternative executor as this will fail for uncertainty (eg I appoint Tom or Sean), additional powers for executors and trustees, bequests to children and “issue” (section 98 children), where the bequest is in discharge of a legal or moral duty, where there is a bequest to someone on trust for another.
2.testator must sign in the presence of each of 2 or more witnesses Without these extra powers the trustees can not do so. a right to one-half of the estate. A general legacy-this is a gift out of the rest of the estate after the payment of debts, outstanding taxes owed by the testator, and specific legacies; A specific legacy-an example would be a motor car, however this can be given away by the testator during his lifetime in which case the gift will be adeemed (disappeared); A demonstrative legacy-this is a mixture of a general and specific legacy; A conditional legacy-this legacy has a condition attached which will see the bequest forfeited if the condition is not fulfilled; An abated legacy-this is where the residue of the estate is insufficient to meet the testator’s debts and liabilities then a general legacy is first to abate pro rata; An adeemed legacy-this is where the testator gives away during his lifetime the item referred to in the will, A charitable legacy-it is vital that the charity is clearly identified. Special care needs to be taken therefore when they are making their will. (2) If the testator leaves a spouse and children, the spouse shall have a right to one-third of the estate. Key elements of section 117 of the Succession Act 1965 22 1. Succession Act, 1965.
It provides that where a child predeceases a testator leaving issue at the time of death, the gift from the testator will not lapse but will take effect as if the death of that child occurred after the death of the testator, unless a contrary intention appears from the will. If you would like to access this content, but you are not currently a subscriber, Section 113 provides for renunciation before or after marriage by way of a written contract. Author: Brian Spierin Publisher: Bloomsbury Professional Edition: 5th edition So in summary you keep control of your affairs and property on your death when you make a will. To ensure that your will is sound and valid or to have a will made you can contact Terry through the Contact form on this site and he will be in touch with you within 24 hours to make an appointment. ‘Children’ included for the purposes of section 111 above include. 2020 Making a Will in Ireland, How to Make a Will and Extract Probate in Ireland, How to Make a Will, Probate Law, and Trusts in Ireland, How to Make a Valid Will in Ireland-10 Key Components, Spouses’ and Children’s Rights under the Succession Act, 1965, Section 114 (2) of the Succession Act, 1965, An Enduring Power of Attorney-What You Should Know, 6 Critical Reasons Why You Should Make a Will, Children in Wills in Ireland-What You Should Know, Too Busy to Make a Will? You choose who handles your affairs on death rather than having the state do it for you. This action will seek to have the previous advancement to a sibling taken into account in the distribution of the estate on death. A person may make as many wills as he wishes, but the only relevant one is the last valid will made before his death.
Unlike spouses, children are not entitled to any specific share in a deceased person’s estate. Accordingly, in a testate situation, a child is only entitled to whatever the will of the deceased says.
Step children and foster children are not included. Spouses’ Rights under the Succession Act, 1965. Section 63 of the Succession Act, 1965 deals with advancements to children and allows a child to bring a case against a child who has previously received an advancement during the testator’s lifetime. If there is a bequest to a child (an underage child) and there are no trustees appointed in the will, or where an underage child inherits on intestacy, the legal personal representative has a problem: there is nobody to whom the legal personal representative can vest the asset and there is nobody from whom he can obtain a receipt.
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